The latest Schiavo...

I am so DHP right now I can hardly see straight, let alone see or type... this is one of the most obscene things I have seen since... well, I was going to come up with a something long ago but I will have to say since the 2000 Supreme Court decision on the elections. Hell, considering the implications of the legislation, it might even be worse in some respects.

Not only does this piece of shit, er, legislation completely piss all over the concept of state right that the Republicans are always screaming and wailing about, but it also tramples major concepts of judicial review and the nature of the relationship between the court systems... via Atrios, we see one court-watcher get pretty upset over it:

QUESTION: What does that concept do the regular give and take between the court systems, the idea of comity and cooperation between judges?

ANSWER:It destroys it. But that's the whole point of this Congressional action. Not liking a particular result in a case that has been litigated fully and completely by a court with competent jurisdiction, Congress now has said that the game must be re-done with new rules that heavily favor one side over the other. The implications of this move are astonishing. Just think about it. Anytime Congress doesn't like the result in a particular case, it could swoop in and call a "do-over," which is essentially what this legislation represents. And this from a Congress that has for a decade or so tried to keep all sorts of citizens-- including disabled employees-- out of federal court. If this law is declared valid, no decision in any state court in the country will be immune from Congressional second-guessing. It would throw out of whack the entire concept of separation of powers. The constitutional law expert Tribe calls it "trial by legislation" and he is right.

Although it is almost assuredly isn't the most important aspect, that might be the thing that pisses me off the most: the idea that this whole thing looks like it is tailored for this specific case. If you are going to allow something like this, institutionalize it. But don't just do it on a case by case basis... I mean, in a pragmatic sense alone, can you imagine the number of appeals made by constituents to Congress for various cases? And it's not like they are going to be selecting meritorius cases either; they will just select whatever political football they like and can advance (the talking points on Schiavo for the Republican Congressmen reportedly speak about how this is a tough issue for the Dems and that they should be hammering them with it).

Do you doubt it? Go check out Digby and his comments on how the right is destroying tort reform and medicaid that would help families keep vegetables like Schiavo on life support at the very same time they are blustering about her rights. Check out the law that Bush signed in Texas that allows hospitals to pull the plug without the consent of the family if they can no longer pay the bill for someone who has no chance to get better (I am not slamming the worthiness of that particular law; rather just pointing out the rank hypocrisy)

Trial by legislation is dead on. This farce has got to end... unfortunately, our federal courts have also been made into a partisan circus by the right, so I doubt this is going to end any time soon.

Oh yeah. Remember, this is all about the sanctity of life... death penalty aside, I wonder why the right isn't flocking to cameras about this...

AAAAARRRRRGGGGGHHHHH!!!!!